Hay v. Department of Transportation

The petitioners in this proceeding under ORS 183.400 challenge the validity of the portion of OAR 736-24-005(2) that prohibits motor vehicle travel on a beach area, but that creates an exception

“[b]etween sunrise and sunset from Ecola Court in Cannon Beach southerly 300 feet for vehicle parking March 1 to September 30.”

Petitioners own a motel that fronts on the part of the beach where parking is permitted. They also hold title to the dry sands area of the beach, but their interest is subject to the public rights and state regulatory authority defined in State ex rel Thornton v. Hay, 254 Or…